Causation and Fault: Understanding Texas Personal Injury Law

In Texas, injured parties must prove their negligence claims to recover damages, by demonstrating that the responsible party owed a duty of care, breached that duty, and caused their injuries. Among these requirements, causation is perhaps the most critical. “Causation” is the legal term for the link between the cause, the responsible party’s action, and effect, the injury. Causation requires proof of both actual (or cause-in-fact) and proximate cause. Actual cause is established through the “but for” test; if an event wouldn’t have occurred but for the other party’s actions, actual cause is present.

Proximate cause, on the other hand, involves proving that the injury was a foreseeable result of the negligent act. For instance, if a driver runs a red light, it is reasonably foreseeable they could cause an accident. Examples of foreseeable risks include a restaurant owner neglecting a leaky faucet, leading to slips, or a daycare failing to cover electrical outlets, creating hazards for toddlers.

Liability typically does not extend to unforeseeable events. For example, if a rock from a truck window leads to an accident, the driver may not be held liable. Evidence to establish proximate cause can include eyewitness testimonies, physical evidence, medical records, and expert opinions.

Texas follows a modified contributory fault rule, which reduces damages based on the injured party’s percentage of fault. If a claimant is over 50% at fault, they cannot recover damages. Conversely, damages awarded can cover medical expenses, lost wages, pain and suffering, and other losses, depending on the strength of the evidence presented.

If you have been in an accident, it is important that you contact an experienced Houston personal injury attorney who can help gather the necessary evidence to support your claim. For a free consultation, please contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or 1-800-870-9584.